Ditzian
Ditzian v. Unger
Opinion
Lead Opinion
Simons, J.
*740 Appellant Steve Unger (appellant) and respondents Jason and Lauren Ditzian (respondents) own neighboring parcels in Mendocino County. The scenic sand dunes of MacKerricher State Park are behind the parcels, and respondents historically accessed the dunes via a path that runs along the parties' property line, then crosses appellant's property, and then crosses the parcel of another neighbor. In October 2015, appellant erected a fence that blocked respondents' access to the dunes via the property line path. Respondents brought suit and the trial court granted respondents a prescriptive easement allowing them and their invitees (including Airbnb guests) to use the path. Among other things, appellant contends the easement is a public easement prohibited by Civil Code section 1009. 1 We affirm.
BACKGROUND
In June 2016, respondents filed suit against appellant, seeking to establish a prescriptive easement allowing them to cross appellant's parcel on a path leading to MacKerricher State Park. Respondents' complaint alleged that in October 2015 appellant constructed a fence along the parties' property line that blocked access to the state park. The complaint alleged respondents had…